A/HRC/32/19
can be made and responded to; and (b) information can be exchanged between judicial
bodies and other relevant State agencies in private law cases, including through information
repositories that provide clarity on points of contact, core process requirements and systems
for updates on outstanding requests.
17.5 Judicial bodies and other relevant State agencies support and encourage the
involvement of their personnel in relevant bilateral and multilateral initiatives and networks
aimed at (a) facilitating contact and exchange of know-how between their personnel and
their counterparts in other States; and (b) promoting awareness of different opportunities
and options for international cooperation and the provision of legal assistance in private law
cases.
Policy objective 18: The State actively engages in relevant forums and initiatives to
seek to improve access to information for claimants and their legal representatives in
cross-border cases arising from or connected with business-related human rights
abuses.
18.1 The State actively engages in bilateral, regional and multilateral initiatives aimed at
improving the ease with which and speed at which information can be exchanged between
claimants and their legal representatives and the relevant State agencies of other States in
cross-border cases.
18.2 The State engages in bilateral, regional and multilateral initiatives that relate to
cross-border access to information regarding the human rights-related risks and impacts of
different business activities, and that aim at achieving greater alignment between different
domestic legal regimes with respect to issues such as data protection, protection of victims
and their legal representatives, protection of whistle-blowers and legitimate requirements of
commercial confidentiality.
Private law remedies
Policy objective 19: Private law remedies consequent upon a determination of
corporate legal liability offer the prospect of an effective remedy for the relevant
abuse and/or harm.
19.1 Judicial bodies have the authority and ability, in law and in practice, to award a
range of remedies in private law cases arising from business-related human rights abuses
that may include monetary damages and/or non-monetary remedial measures, such as
orders for restitution, measures to assist with the rehabilitation of victims and/or resources,
satisfaction (e.g. public apologies) and guarantees of non-repetition (e.g. mandated
compliance programmes, education and training).
19.2 In each case, the private law remedies awarded to claimants: (a) are proportional and
appropriate to the gravity of the abuse and the extent and nature of the loss and/or harm
suffered; (b) may, to the extent permitted by the relevant domestic legal system, reflect the
degree of culpability of the defendant company (e.g. as demonstrated by whether the
company exercised appropriate human rights due diligence, the strength and effectiveness
of the company’s legal compliance efforts, any history of similar conduct, whether the
company responded adequately to warnings and other relevant factors); (c) are designed in
such a way as to minimize the risks of repetition or continuation of the harm; and (d) take
account of issues of gender and the needs of individuals or groups at heightened risk of
vulnerability or marginalization.
19.3 Claimants are consulted with respect to the design and implementation of private
law remedies and with respect to the terms of any settlement. Such consultation takes
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